Page images
PDF
EPUB

12 Vict. c, 115,

mentioned and described in the ninth section of the said Ordinance, as forming part of those to which the said provisions and powers were intended to apply, that is to say: The roads described. firstly, the road from Charlesbourg, commencing from the place which forms the termination of the mile and a half which is to be macadamized under the Act passed in the twelfth year of the Reign of Her Majesty, intituled, An Act to authorize and enable the Trustees of the Quebec Turnpike Roads to acquire and assume the possession and property of the Bridge called Dorchester Bridge, and for other purposes, and mentioned in the fifth section of the said last mentioned Act, as far as the land of François Lafrance, and thence in two different directions, that is to say, two miles in a north-easterly direction towards Lake Beauport, and four miles and a half in a north-westerly direction towards the Township of Stoneham; and, secondly, the road leading past the Grist Mill belonging to the Government, in the Parish of Ancienne Lorette, to the road between the Seigniories of Saint Gabriel and Gaudarville, from its junction with the public road already under the control of the said Quebec Turnpike Road Trustees for a distance of one mile and a half.

Trustees may borrow

part of the Province.

Proviso rate of interest limited, &c.

By what priority of lien, &c., such loan shall be secured.

II. And be it enacted, That in order to give effect to the provisions herein above £15,000-but without mentioned, and to those of the Act last above mentioned, it shall be lawful for the Quebec Turnpike Road Trustees to raise, by way of Loan, a sum not exceeding Fifteen Thousand Pounds Currency, and such Loan and the Debentures which shall be issued in conformity with the provisions of this Act, and all other matters relating to the said Loan, shall be subject to the provisions of the Ordinance hereinbefore mentioned relative to the Loan authorized under the said Ordinance: Provided nevertheless, that the rate of interest to be allowed under the authority of this Act shall in no case exceed the rate of six per centum per annum; and that no money shall be advanced out of the Provincial Funds for the purpose of paying the said interest; and all Debentures issued under the authority of this Act, so far as regards the interest payable thereon, shall take precedence and have priority of lien on the tolls and other moneys which may come into the possession, and be at the disposal of the said Trustees, over the interest payable on all Debentures which shall have been issued upon the guarantee of the Province, or which shall hereafter be issued by the said Trustees upon the guarantee of the Province, as well as to all claims for re-payment of any sums of money advanced, or to be advanced to the said Trustees by the Receiver-General of this Province; and the said Debentures issued under this Act shall, as regards both the payment of the interest and the principal thereof, rank after those issued under the authority of the Act last above cited passed in the twelfth year of Her Majesty's Reign. III. And be it enacted, That after the macadamizing of the roads in the above mentioned Statutes described, and of the roads above mentioned, it shall be lawful for the said Trustees to apply any unexpended balance of the money to be raised by the Loan provided for by this Act, to the repairing and macadamizing of the following roads, to wit: the road commonly called la Route de la Misère or la Route Saint Jacques, from the road on the northern bank of the River Saint Charles to the road leading to the Parish Church of Saint Ambroise, and the road recently ordered to be opened by the Municipal Council of the County of Quebec, between the Parish of Charlesbourg in the rear of the said Parish, and the Parish of Saint Ambroise, as described in the Ordinance and Procès-verbal of the said Council, which said roads, or either of them, the said Trustees shall have full power to take under their control and management whenever they shall deem it expedient, and as soon as the said Trustees shall have given notice, by an advertisement in the French Language in a newspaper published in the French Language in the City of Quebec, and in the English Language in a newspaper published in the English Language in the said City, of their taking the said roads or either of them under their control, then all the provisions of the above mentioned Ordinance shall apply to the said roads, or to either of them, as the case may be.

САР,

CAP. CXXXIII.

An Act to authorize the Trustees of the Quebec Turnpike Roads, to issue Debentures
to a limited amount, for the purpose of buying and rebuilding the Montmorency
Bridge.
[30th August, 1851.]

W

Act of L. C. 52 G. 3,

HEREAS it will be conducive to the safety and advantage of the public, that Preamble. the Bridge over the River Montmorency, erected under the authority of the Act of the Legislature of the Province of Lower Canada, passed in the fifty-second year of the Reign of His Majesty King George the Third, chaptered Seventeen, and intituled, An Act to authorize François Huot and Joseph Jacob to erect a Bridge over the c.17. Montmorency, above the Falls, should be placed under the control of the Trustees of the Quebec Turnpike Roads: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the said Trustees are hereby authorized to purchase Trustees may borrow the said Bridge and to rebuild it, and for that purpose to borrow a sum not exceeding £5000. Five Thousand Pounds, at a rate not exceeding six per cent. per annum. II. And be it enacted, That the interest of the moneys to be borrowed under this Act shall be privileged over the interest on the Debentures issued or to be issued by the said Trustees with the guarantee of the Province, and shall, as regards the interest on the Debentures last mentioned, have priority of lien on the Tolls and other moneys now being or hereafter to come into the hands of the said Trustees, but shall rank after the Debentures issued or to be issued under the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to authorize and enable the Trustees of the 12 V. c. 115. Quebec Turnpike Roads to acquire and assume the possession and property of the Bridge called Dorchester Bridge, and for other purposes, and neither the principal or interest of the Debentures to be issued under this Act shall be guaranteed by the Province, or payable out of any Provincial Funds.

III. And be it enacted, That whenever the said Trustees shall have purchased the said Bridge over the River Montmorency, they shall be invested with and have all the rights and privileges vested in the Proprietors thereof by virtue of the Act aforesaid, passed in the fifty-second year of the Reign of King George the Third, and shall, in their stead, levy the Tolls allowed by the said Act.

How the Debentures this Act shall rank,

to be issued under

Trustees to succeed to the rights of the proprietors if they purchase the Bridge,

IV. And be it enacted, That the Revenue arising from the said Bridge, whether Revenue from the from Tolls or otherwise, shall be exclusively applied to the improvement and gradual Bridge, to what purcompletion of the High-road of the Côte de Beaupré, from the Mill du Petit Pré pose to be applied. towards the other extremity of the Parish of Chateau Richer, and below it; and the said Bridge and the said Road, as it shall be so improved and completed, shall be under the control of the said Trustees, and subject to the Provisions of the Ordinance of the Special Council of the Province of Lower-Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to provide for the Improvement of 4 V. c, 17. certain Roads in the neighbourhood of and leading to the City of Quebec, and to raise a fund for that purpose.

V. And be it enacted, That if by reason of the refusal of the Proprietors to sell, or of their demanding too high a price for the said Bridge, the said Trustees shall not be able to purchase the same within six months from the passing of this Act, (and it shall be the duty of the said Trustees to enter into negotiations with the proprietors for the purchase thereof within the said six months), then the said Trustees shall apply the sum of Five Thousand Pounds above mentioned to the improvement and completion of the Chateau Richer Road mentioned in the next preceding section.

САР.

To what purpose the loan shall be applied purchased.

if the bridge be not

Preamble.

9th Geo. 4, c. 41, revived.

Certain persons declared to be the Chairman and Trustees.

Election of Chairman and Trustees,

Proviso.

Assessment for defraying expenses of

mon.

CAP. CXXXIV.

An Act to revive and amend the Act relating to the Common of Maskinongé. [ 30th August, 1851. ]

HEREAS by an Act of the Legislature of the late Province of Lower-Canada, passed in the ninth year of the Reign of His late Majesty King George the Fourth, and intituled, An Act to authorize the inhabitants of the Seigniory of Maskinongé, in the County of St. Maurice, to make more advantageous regulations for the government of the Common of the said Seigniory, a Corporation was established for the management of the affairs of the said Common, and the said Act expired on the first day of May, in the year of our Lord one thousand eight hundred and fifty, in consequence whereof the said Corporation hath become dissolved; And whereas divers inhabitants of the said Seigniory of Maskinongé, in the Parish of Saint Joseph de Maskinongé, County of Saint Maurice, and of the Parishes of Saint Barthelemi, Saint Cuthbert, and Sainte Geneviève de Berthier, in the County of Berthier, interested in the said Common, have by their petition to the Legislature prayed that the said Act be revived and amended, and the granting of the said prayer would be of great advantage to them: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the said Act to authorize the inhabitants of the Seigniory of Maskinongé in the County of St. Maurice, to make more advantageous regulations for the government of the Common of the said Seigniory, shall revive and have the same force and effect as if it had not expired and as if it had been recited at full length in this Act.

II. And be it enacted, That the persons chosen and elected Chairman and Trustees at the last meeting for the election and choice of the said Officers, are hereby appointed and declared to be the Chairman and Trustees of the said Common, and as such shall be and are invested with all the powers and authority which they had the right of exercising, and be subject to the performance of all the duties they were required to perform before the expiration of the said Act; and the said Chairman and Trustees shall remain in office until re-placed or re-elected in the manner hereinafter provided. III. And be it enacted, That on the first Monday of the month of December next, the Chairman and Trustees aforesaid shall go out of office, and shall be re-placed or re-elected by the persons interested in the said Common, at a meeting to be called, presided over, held and conducted in the manner prescribed by the first and fourth sections of the said Act hereby revived and amended: Provided always, that if the election shall not take place on the said day, another meeting shall be called, presided over, held and conducted in the same manner and for the same object, between the said first Monday in December and the first Tuesday of March next, and the Chairman and Trustees chosen and elected at such meeting, shall remain in office until the first Monday of June, in the year of our Lord one thousand eight hundred and fifty-four, unless they shall be then re-elected; after which the election of the said Officers shall be held at the end of every second year, as provided by the fourth section of the said Act hereby revived and amended.

IV. And whereas the said inhabitants interested in the said Common have management of Com- represented, in and by the said Petition, that the Chairman and Trustees thereof were not authorized to levy assessments on all the parties interested for defraying the necessary costs and expenses: Be it therefore enacted, That whenever it shall be necessary to incur expenses for the management, maintaining or improvement of the said Common, or for the doing of any act or thing, or the payment of any expenses in relation thereto, an estimate of such expenses shall be first drawn up by the said

Chairman

Chairman and Trustees, or the majority of them, and they shall have power to impose and levy the amount of such estimate and apportion the same among the proprietors or parties interested in the said Common, in proportion to the rights or shares of each one therein; and if at the date of the coming into force of this Act, any costs or expenses have been incurred for the management, maintaining or improvement of the said Common, or for any act, thing, or prosecution relative thereto, a faithful account thereof shall be drawn up by the said Chairman and. Trustees or the majority of them, who are hereby required to impose and levy the amount of such account, and apportion the same in the manner above prescribed, with respect to costs and expenses which it may be necessary to incur hereafter; and in default of payment of any amount to be apportioned as aforesaid, the same shall be recoverable by Summary Process in the name of the Chairman and Trustees of the Common of Maskinongé, before a Justice of the Peace not interested in the matter, nor related nor of kin to the party sued within the degrees prohibited by law; and such Justice is hereby authorized to try, hear and finally determine and adjudge upon the said action, and issue execution against the goods and chattels of the defendant for the payment of the amount of the judgment and costs of suit and other subsequent costs: Provided always, that such execution shall not issue before the expiration of eight days from the rendering of the judgment.

V. And be it enacted, That whenever it shall be necessary to ascertain the persons Exhibition of titles to who have or pretend to have a right in the said Common, and the rights or shares which Common. each one now holds or hereafter may hold, for the purpose of making any apportionment of the costs and expenses which may be now or hereafter incurred, as provided in the preceding section, or for any other object, it shall be lawful for the said Chairman and Trustees, or the majority of them, to require all such persons to produce and exhibit their respective titles to such rights or shares, at the time and place which they shall mention, one month's public notice or sufficient private notice having been given by them for that purpose; and if any person interested in the said Common, shall refuse or neglect to produce and exhibit his titles at the time and place by them mentioned, he shall incur a penalty of Ten Shillings currency, and of One Shilling currency for each day on which he shall refuse or neglect so to do.

Penalty for refusal to

VI. And be it enacted, That if any person who shall be lawfully called upon to accept any office or perform any duty under this Act, or the Act hereby revived and accept office, &o. amended, shall refuse to accept such office or refuse to perform such duty, or shall in any manner contravene the provisions of this Act or of the Act hereby revived and amended as aforesaid, he shall incur, for every such offence, whether of commission or omission, a penalty of Forty Shillings currency.

VII. And be it enacted, That all fines and penalties imposed by this Act, and by Recovery of penalties the Act hereby revived and amended, as well as by any By-laws or Regulations which may be now or hereafter made or passed by the Chairman and Trustees of the said Common, or by a majority of them, shall be recoverable on Summary Prosecution by any party interested in the said Common, before a Justice of the Peace not interested therein, nor related nor of kin to the party sued within the degrees prohibited by law; and such Justice of the Peace may issue execution eight days after judgment against the goods and chattels of the contravening party, for the levying of the amount of the penalty, together with the costs of suit and subsequent costs; and all fines and penalties shall be paid to the said Chairman and Trustees, and by them applied to the general purposes of the said Common.

VIII. And be it enacted, That this Act shall be a Public Act.

Public Act.

CAP.

CAP. CXXXV.

Preamble.

Act of L. C. 3 Geo. 4. c. 18, revived.

Proviso: when the first election shall be held.

Preamble.

Certain tracts may be Council into Parishes for civil purposes only.

erected by order in

An Act to revive the Act authorizing the Inhabitants of the Seigniory of Yamaska to regulate the Common of the said Seigniory.

WH

[ 30th August, 1851. ]

HEREAS it is expedient to revive and to continue for a limited time the Act hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Act of the Legislature of Lower Canada, passed in the third year of the Reign of His Majesty King George the Fourth, and intituled, An Act to enable the inhabitants of the Seigniory of Yamaska to provide for the better regulation of the Common of the said Seigniory, the duration whereof was limited to the first day of May, one thousand eight hundred and fifty, shall be and is hereby revived, and shall, until repealed or altered by competent authority, be in full force and effect as if herein repeated and re-enacted: Provided always, that the first meeting for the election of a Chairman and five Trustees shall be held on the first Monday in September next after the passing of this Act, but such Chairman and Trustees shall go out of office on the first Monday in May, one thousand eight hundred and fifty-two, on which day and on the first Monday in May in each second year thereafter, a Chairman and Trustees shall be elected in the manner provided by the said Act.

"

CAP. CXXXVI.

An Act to provide for the Erection of Parishes, for Civil Purposes only, in the
Seigniory of Argenteuil, in Lower Canada.

WH

[ 30th August, 1851.]

HEREAS it appears that there are in the Seigniory of Argenteuil, in the County of Two Mountains, in Lower Canada, tracts of land of considerable extent which, in consequence of their being inhabited chiefly by Protestants, cannot be erected into separate Parishes under the provisions of the Ordinances of the Legislature of Lower Canada, and Acts of the Parliament of this Province, concerning the Erection of Parishes and the Building of Churches, Parsonage Houses and Church Yards in Lower Canada; And whereas, from their extent it is just that such tracts should be set apart as Parishes for Civil Purposes only, and that their inhabitants should not be deprived of the Municipal Rights and other advantages conferred by law on Parishes erected under the Provisions of the above mentioned Ordinances and Acts, and on Townships in the said portion of the Province: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That whenever it shall be made to appear to the satisfaction of the Governor in Council, that there is in the Seigniory of Argenteuil aforesaid, any tract of land having a population of six hundred souls or upwards, and the majority of the inhabitants of such tract being Protestants, shall, by petition to the Governor, represent the fact, and shall pray that such tract be erected into a Parish for Civil Purposes, it shall be lawful for the Governor in Council to order that such tract, with the boundaries and by the name to be assigned to it in such Order, shall upon, from and after a day to be therein named, be a Parish for

« PreviousContinue »